| Matter of Zion F. |
| 2012 NY Slip Op 01365 [92 AD3d 589] |
| February 23, 2012 |
| Appellate Division, First Department |
| In the Matter of Zion F., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Avshalom Yotam of counsel), forpresentment agency.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or aboutJanuary 10, 2011, which adjudicated appellant a juvenile delinquent upon a fact-findingdetermination that he committed acts that, if committed by an adult, would constitute the crimesof sexual abuse in the first and second degrees, criminal sexual act in the first degree and sexualmisconduct, and placed him on probation for a period of 18 months, unanimously affirmed,without costs.
The court properly exercised its discretion when it denied appellant's request to convert theproceeding to a person in need of supervision proceeding, and instead adjudicated him a juveniledelinquent and placed him on probation. An 18-month period of probation was the leastrestrictive dispositional alternative consistent with appellant's needs and the community's needfor protection (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousnessof the underlying offenses, appellant's lack of remorse and denial of responsibility, and therecommendations by the Probation Department and a psychologist that he be placed onprobation. Concur—Tom, J.P., Friedman, Sweeny, Moskowitz and DeGrasse, JJ.